Loading...
HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3212073PURCHASE ORDER PO Number Page City OfCollins ��� 3212073 11c,12 FortFort COI` lI ns This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 125758 Ship To: TRAFFIC OPERATIONS FULLER LANDSCAPING CITY OF FORT COLLINS 4836 KIVA DR 626 LINDEN STREET LAPORTE Colorado 80535 FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price Snow Removal - Yard Maint 1 LOT LS 10,000.00 Annual per terms and conditions of bid 7113 and 6113 Total $10,000.00 C3. O✓18:�aQ�L- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tem7s and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local lases. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tan Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, fitilure or delay to (rimed Revenue, Denver, Colorado (Ref Colorado Revjmd Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify she Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nor he deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any of its rights or remedies as to any such goods, regardless instructions from the City nfFcn Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any parpo cad and mudifiertion or rescission of this purchase oiler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in respone to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, recharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herca Ocr Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges minting to the particular goods or services otherwise specified on This order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to dostinotum. and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchase shipments arc made from greater distance. may cause the work to be perfumed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory er political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations and incites. rules and requirements. Authorimtjon. All parties to this contract agree that the representatives arc, in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the (emu and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temu and conditions pmpnsed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised dclivcry date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial lac deliveries shall operate as a wnivcr of this provision. In the event ofany delay, the Purchaser shall have, m addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for danmgcs. Howvvcq the Seller shall not be liable for damages as a result of ddays due to causes not reasonably foreseeable which art beyond its reasonable cnntrnl and xithmu its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental prlonfics, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fee (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles materials and work covered by this order will conform with applicable drawings, specifications samples and/or other description given, will be fit for the purposes intended, and performed with the highest dogme of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pernd of time as may be prescribed by law or by the resets of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of good by the Purchaser shall not constitute a waiver mfany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability h manda shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees. but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by wrincn change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally coasted in the a,,ifieminrts or dnovings, by verbal or vrincn change order. If any such change affects the amount due or the time ofperfonnancc hemanda. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped. subject t, any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims fro anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any'eoda which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their old igations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordctcd. 8. COMPLIANCE WITH LAW. The Scllcr warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of fl e Sellers failure to comply with such low. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfommnec ofsneh work. This rdcase shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and cnmplueces of such party. The Seller's contractual obligations including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfomuxl by the Porchriser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he ohliged to pay by reason ofsuch infringement at any time during the pm;ccution or after the completion of the work. In case said equipment, or any part thcrenf Or the intended use of the goods, is in such suit hold to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own cxpcnc and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing cgnipmmat, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or tmsce for any of the Set lers property or business, Ih is order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of moons used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed underand governed by the laws of the Slate of Colomdn. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Repmsenlative(s), on the pacmiscs ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully complctcd and accepind, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scller's own cxpcnsc and to she satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same I the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller .shall, at his own expense. provide for the payment of workers compensation, including occupational disease benchm to its employees employed on or in connection with the wnrk covered by this purchase order. andfor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bMily injury and death limits of at least S300,0 m for any one pcoum, S506.0 0 for any one accident and pmpcny damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compcnsmma and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for tiny and all damage. Ms or injury of any kind ar nature wvh ttsfcvor to persons or property caused by or reselling from the execution ofthe work pmvidcd for in this purchase order or in connection herew ilh. The Scllcr will indemnify mod hold hamdcss the Purchaser and any or all of the Tomlinscrs ofcem, agents and employees Item and against any and rill claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pot or subject by reason of any act action, neglect omission or default on the pan of the Seger, any tit' his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought again;: the Purchaser, or its of cvos. agent or employees at any time on account or by reason of my net action, neglect, omission or default of the Seller of any of -his contractors or any of its or their ofFccrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same tit the Sellers own expense, In pry any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or limit officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained again) the property ofthe Purchaser. or .said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be di ,oh'ed and discharged by giving bond or uthcnvise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Iaus and reguations with regard to safety including. but without limilation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010